Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
March 1-5, 2004

The following summaries are drawn from briefs and lower court judgments.They are meant to provide a general idea of facts and issues presentedin cases, and should not be considered official court documents. Factsand issues presented in these summaries should be checked for accuracyagainst records and briefs, available from the Court, which provide morespecific information.

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Case

Time

Facts & Issues

Place of Origin

No cases scheduled

Florida Supreme Court OralArguments
Tuesday, March 2, 2004
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

Case

Time

Facts & Issues

Place of Origin

No cases scheduled /Legislature Convenes

Florida Supreme Court OralArguments
Wednesday, March 3, 2004
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

Case

Time

Facts & Issues

Place of Origin

George Wallace Brownv. State of Florida

SC02-1787| SC03-1240

View briefs in Acrobatformat by clicking the case number(s) here 

9:00

Brown was tried, convicted,and sentenced to death for the April 1990 murder of Horace D. Brown. Hissentence was affirmed on appeal. He now challenges its validity.

Polk County

Stephen Lloyd Osbornev. State of Florida

SC01-973

View briefs in Acrobatformat by clicking the case number(s) here 

Approx. 9:40

Stephen Osborne challengesthe Fifth District Court of Appeals' reversal of his case. Initially, thetrial court dismissed a petition against Osborne, seeking involuntary commitmentunder the Jimmy Ryce Act. The trial court dismissed the commitment proceedingsbecause the State failed to bring the case to trial within thirty daysof the probable cause finding, as required by state statute. The FifthDistrict reversed the trial court's ruling. Osborne seeks to have the FifthDistrict's decision quashed and he challenges the State's ability to initiatean appeal in his case.

Brevard County

Ethel Thompson Sweitzerv. Dawn M. Thomas

SC03-165

View briefs in Acrobatformat by clicking the case number(s) here 

Approx. 10:30

This is a personal injurycase from the Fifth District that expressly and directly conflicts withan opinion of the Second District on the issue of whether section 627.737(2),Florida Statutes, allows only those non-economic damages named in the statuteor common law damages as well.

Brevard County

Florida Supreme Court OralArguments
Thursday, March 4, 2004
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

Case

Time

Facts & Issues

Place of Origin

Norberto Pietri v. Stateof Florida

SC02-2314| SC03-1044

View briefs in Acrobatformat by clicking the case number(s) here 

9:00

Pietri was tried, convicted,and sentenced to death for the August 1988 murder of West Palm Beach policeofficer Brian Chappell. His sentence was affirmed on appeal. He now challengesits validity. 

Palm Beach County

David Harris v. Stateof Florida

SC02-219

View briefs in Acrobatformat by clicking the case number(s) here 

Approx. 9:40

Harris was convicted forallegedly attacking a police officer during a police stop involving a searchfor contraband. The stop itself was later determined to be unlawful. Heargued that he could not be convicted under the statute prohibiting batteryof police officers during the lawful performance of their duties becausethe stop was itself unlawful. The trial court and the Fourth District Courtof Appeal rejected this claim.

St. Lucie County

State of Florida v. MartiCassandra Raymond

SC03-1263

View briefs in Acrobatformat by clicking the case number(s) here 

Approx. 10:30

Raymond challenges the constitutionalityof a Florida Statute, arguing that this provision is purely proceduraland therefore violates the separation of powers clause of the Florida Constitution.The State defends the provision. 

Miami-Dade County

Florida Supreme Court OralArguments
Friday, March 5, 2004
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

Case

Time

Facts & Issues

Place of Origin

Michael Mordenti v. Stateof Florida

SC02-1159| SC02-2643

View briefs in Acrobatformat by clicking the case number(s) here 

8:30

Mordenti was tried, convicted,and sentenced to death for the June 1989 murder of Thelma Royston. Hissentence was affirmed on appeal. He now challenges its validity.

Hillsborough County

State of Florida v. K.C.

SC03-1217

View briefs in Acrobatformat by clicking the case number(s) here 

Approx. 9:10

The circuit court committedK.C. to a moderate residential risk program for six months for criminalcontempt charges. The Second District reversed the circuit court's order,concluding that this sanction is not authorized by law. The district courtalso certified conflict with a decision of the Fifth District to the extentthat it held that commitment to a moderate risk program for criminal contemptis authorized under the law.

Sarasota County

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